IN THE CASE OF:	  

		BOARD DATE:	 12 May 2015 

		DOCKET NUMBER:  AR20140016806 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he was never awarded the Combat Infantryman Badge even though he was assigned to an infantry unit at the time he was wounded and was awarded the Purple Heart.  They were moving from Tay Ninh to Chu Lai (Vietnam) and were becoming Task Force Oregon.  It was impossible to keep up with who was where.  He didn't realize he had this evidence until he was reviewing some old papers.

3.  The applicant provides a copy of General Orders (GO) Number 453.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are sufficient bases to waive the statute of limitations.
2.  The applicant was inducted into the Army of the United States on 10 February 1966.  He was awarded military occupational specialty (MOS) 36K (wireman).  He served in Vietnam from 12 January 1967 through 11 January 1968.  

3.  GO Number 453, issued by Headquarters, 196th Light Infantry Brigade on 7 May 1967, awarded him the Purple Heart for wounds received in action in Vietnam on 12 April 1967.

4.  He was honorably released from active duty on 11 January 1968 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 11 months, and 2 days of active service and 1 year of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two Overseas Service Bars

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 22 (MOSs) he was awarded the following:

* primary MOS 36K on 4 March 1967
* secondary MOS 13A10 (field artillery crewman) on 4 March 1967

* Item 31 (Record of Assignment) he was assigned to:

* Battery C, 1184th Artillery, from 12 January through 5 March 1967, and served in duty MOS 36K
* Battery C, 3rd Battalion, 82nd Artillery, 196th Light Infantry Brigade, from 6 March 1967 through 7 January 1968, and served in duty MOS 13A (radio telephone operator) [should be field artillery crewman]

* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 minus the two overseas service bars

6.  On 27 March 2001, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued adding the following information his DD Form 214:

* Purple Heart

* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal
* Meritorious Unit Commendation
* Service in Vietnam from 12 January 1967 through 11 January 1968

7.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties (an infantry MOS) while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

8.  Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in the following infantry MOSs of 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed training and was awarded MOS 36K.  He served in Vietnam in the MOS 36K and MOS 13A.  Notwithstanding his award of the Purple Heart for being wounded in action at the time of his assignment to the 196th Light Infantry Brigade, there is no evidence of record and he provided none showing he was assigned in an infantry MOS participating in ground combat with his infantryman unit at the time.

2.  To be entitled to award of the Combat Infantryman Badge, the evidence must show the applicant held and served in an infantry MOS while assigned/attached to an infantry unit of brigade, regiment, or smaller size and he must have served in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam.

3.  During the Vietnam Conflict, only enlisted Soldiers who held and served in an infantry unit in MOS 11B, 11C, 11D, 11F, or 11H were eligible for award of the Combat Infantryman Badge.  

4.  In the absence of orders awarding him the Combat Infantryman Badge and evidence showing he met all the criteria for this award, there is insufficient evidence upon which to base awarding him the Combat Infantryman Badge and its addition to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140016806



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ABCMR Record of Proceedings (cont)                                         AR20140016806



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